Dog Bite Injuries

In Massachusetts, the owners and keepers of wild animals, or
domesticated animals such as dogs, are held strictly liable for bites and
other injuries caused by their pets.

In practical terms, what this means is that the victim of a dog bite
need not show that the dog had a bad disposition or that the dog’s
owner was negligent in supervising the dog in order for the bite victim
to recover. Instead, the mere fact that the dog bit the victim is
generally enough to hold the owner liable for the dog bite and all
damages resulting from it.

The fact that a dog owner can be held liable for a dog bite despite
taking precautions to prevent the bite from occurring – such as
leashing the dog – is unusual in the personal injury field, where
generally a defendant has to be guilty of some kind of negligence in
order for the plaintiff to recover. The special form of liability
governing Massachusetts dog bite cases is known as “strict
liability” because it is a stricter standard than a negligence
standard. Again, under a strict liability standard, the mere fact that a
dog or other animal caused the injury is generally enough to prove the
owner’s legal liability.

Many people mistakenly believe that Massachusetts recognizes a
“one free bite” rule in dog bite cases, allowing a dog to
attack at least one innocent victim before the dog’s owner can be
held legally liable for the dog’s actions. In fact, Massachusetts,
unlike some states, does not have a “one free bite” rule. The
very concept of a one free bite rule – a rule which amounts to a
negligence standard – is entirely opposed to the strict liability
standard of Massachusetts dog bite law.

Under Massachusetts General Laws Chapter 140 § 155, the
Massachusetts dog bite statute, the only potential defenses available to
dog owners in a dog bite injury case are the dog bite victim’s
having teased, tormented or abused the dog and, in some instances, having
committed a legal trespass against the dog. But these defenses are narrow
and, again, it is not a defense that the dog that inflicted the bite had
a good temperament or that its owner too care to restrain the dog or to
prevent it from biting people. These facts will not help a dog owner
avoid liability for a dog bite injury.

As the victim of a dog bite knows, the injuries that result from a
bight can be extensive. Often, dog bites cause scarring or other
disfigurement and can involve a very painful series of rabies shots. Of
course, the victim of a dog bite can recover for all the typical personal
injury damages, pain and suffering and medical expenses.

However, the dog bite victim should be aware that, if she wishes to
have plastic surgery to repair scarring from the bite, very often her own
health insurance will not cover such surgery because it is considered
purely cosmetic, elective surgery. Therefore, the only way to be certain
that the dog bite victim will not have to pay out-of-pocket for her
future medical expenses is to have a dog bite lawyer obtain a favorable
settlement on her behalf.

The bottom line for dog bite victims is that they should consult with
a dog bite lawyer to protect their rights. More information about dog
bite cases, including special issues that arise with child dog bite
victims and the availability of homeowner’s insurance policies to
compensate dog bite victims is available below: